TERMS & CONDITIONS
Bunker501.nl is part of Dutch Firearms Trading. Terms and Conditions Bunker501;
Article 1. Definitions
1.1 In these Terms and Conditions we will refer to the following terms with their respected meaning, unless specifically stated otherwise or if the context is different:
Bunker501: The user of these Terms and Conditions: Bunker501, established, a.k.a office location at Kelvinstraat 14a, Oldenzaal registered at the Dutch Chamber of Commerce (Kamer van Koophandel) with reference number (Kvk-nummer) 06077447.
Customer: The company or natural person who has an agreement with Bunker501, he who has received a quotation/offer from Bunker501 or he with whom Bunker501 has any legal relationship or he with whom Bunker501 has any legal act.
Agreement: The agreement between Bunker501 and the customer.
Item: The item Bunker501 will deliver when come to an agreement.
Consumer: The natural person who acts for a cause not part of his business- or professional activities.
Website: The website www.bunker501.nl and other websites part of or maintained by Bunker501.
Article 2. General
2.1 These Terms and Conditions apply to all Agreements between Bunker501 and the Customer and continue on all aspects and legal acts between Bunker501 and the Customer, also including all negotiation and other pre-contractual situations.
2.2 The present Terms and Conditions also apply to all Agreements with Bunker501, for which implementation is dependent on third parties.
2.3 Any deviation from the Terms and Conditions are valid, then and only then when both written and electronic notations of said Terms and Conditions agree.
2.4 The applicability of purchase- or other Terms and Conditions of the Customer are explicitly rejected.
2.5 When one or more of the described parts of these Terms and Conditions are found to to be futile or if they are removed from the Terms and Conditions, all other aspects of the Terms and Conditions remain in effect and remain applicable. Futile or removed parts of the Terms and Conditions will be replaced by Bunker501, for which most of the purpose and intent of the original provisions are observed.
2.6 If Bunker501 does not require strict compliance with these Terms and Conditions, does this under no circumstance mean that it’s provision do not apply, nor does Bunker501 lose the right to otherwise demand strict compliance with the provisions of these terms and conditions under any degree.
Article 3. Offers and Quotations
3.1 Offers and Quotations are non-committal.
3.2 A quotation or offer from Bunker501 are valid for 2 months, unless otherwise explicitly stated.
3.3 Obvious errors or mistakes on the website, in brochures, offers, agreements or publications from Bunker501 do not legally bind Bunker501 to them.
3.4 Quotations, offers and documents provided by Bunker501 to the customer may not be reproduced without permission of Bunker501, nor may they be given to third parties for inspection.
3.5 Bunker501 maintains the right to offer certain items only in minimal quantities.
3.6 The product range offered can be changed at all times.
Article 4. Images and samples
4.1 All images, details and so on, of the offered products on the website, brochures or other publications, are only valid by approximation and are under no circumstances a reason for damages and/or termination of contract.
4.2 Certain products are manufactured from natural materials or are partially manufactured from natural materials. If a sample is handed out to a customer, then this is strictly to be seen as an example, as colour and structural differences may be present in natural materials.
Article 5. Conclusion of the Agreement
5.1 The agreement is concluded after the customer has:
agreed upon an offer/quotation from Bunker501 via written medium, e-mail or any other way explicitly agreed upon the offer/quotation; or when a quotation is responded on via e-mail and clearly answered with terms like ‘Agree’ and similar statements.
physically signed the agreement.
Article 6. Cancellation of Order
6.1 Once an order has been placed they can no longer be cancelled.
Article 7. Prices
7.1 All prices stated are including VAT, unless otherwise stated.
7.2 For the customer being a consumer prices are excluding shipping costs, unless otherwise stated.
7.3 Bunker501 reserves the right to changes prices of items at any time.
Article 8. Shipping Costs
8.1 The shipping costs are dependent on the size of the order, be it value or weight, and the location where the order is to be shipped to.
Article 9. Obligations of the Customer
9.1 It is the customer’s responsibility to provide the necessary details to Bunker501, as requested/needed by Bunker501 or from which the customer understands they are needed to complete the agreement. They need to be submitted to Bunker501 in a timely fashion.
9.2 If for any reason the details submitted to Bunker501 are invalid or incorrect, the customer will be held solely responsible for any risks that may present themselves when providing incorrect data.
9.3 It is the customer’s responsibility to inform Bunker501 for any reasons or circumstances that may occur that may be important to complete the agreement.
9.4 It is the customer’s responsibility to take into account all Laws or other applicable regulations that apply to their country. Including, transportation, storage,usage or selling, of products is solely the customer’s responsibility.
9.5 All details and gleanings provided by Bunker501 about the suitability or applicability of products are non-committal and do not exempt the customer of his obligations to do (or have done by a third party) their own checks and tests.
9.6 Bunker501 assumes the customer will live up to all his/her legal liabilities.
Article 10. Fulfilment of the Agreement
10.1 Bunker501 will fulfill the agreement to their best ability, view and professionalism.
10.2 Bunker501 remains the right to, during fulfilment of the agreement, without notice to the customer, rely on third party sources, rely on third party goods and/or rely on third party services and to let the fulfilment be done partially or wholefully by third parties and charge the customer for these third party costs.
Article 11. Information and Advice
11.1 Information about processing and application of products, advises, guides and other details are, unless otherwise and by letter agreed upon, still to the best knowledge or view, seen as non-committal. The customer does not reserve rights to these and thus Bunker501 can not be held responsible for damages done or indirect damages done.
Article 12. Delivery Times
12.1 Quotations on the delivery times always are an approximation. When delivery times exceeds the stated delivery time, this does not give the customer any right to damages or compensation.
12.2 In case a delivery exceeds the stated delivery time caused by an event, which is not within control of Bunker501, as described in Article 20 of the terms and conditions, the term of delivery will automatically be extended with the period of the event that caused the exceeded delivery time.
Article 13. Delivery
13.1 Products are delivered by Bunker501 on the address submitted by the customer. Products are delivered at the front door of the given address and the customer has to personally sign for receiving the delivery.
13.2 It is the customer’s responsibility to ensure the delivery can be delivered to the front door without any obstacles at the given address. If any obstacles are present that impede the delivery, the delivery will be done at the obstacle.
13.3 Bunker501 reserves the right to ship an order in multiple deliveries, for which shipping may be charged independently.
13.4 The customer is obliged to accept the product. When the customer does not accept the product, Bunker501 will reserve the right to store the product at the the cost and risk of the customer. When the customer does not accept the delivery, Bunker501 reserve the right to sell these products on to a new customer, for the original customer, when they are informed via mail of the unaccepted delivery, even when the customer has already paid for the products. The customer is obliged to pay the invoice, with added interest, added costs and possible damages, when the net income of the product turns out to be less when sold to a third party.
Article 14. Compliance and Complaints
14.1 Bunker501 ensures their products match the agreement, the specifications in the offer, match reasonable requirements of reliability and/or usability and that at the date of the agreement they match with the governmental regulations.
14.2 The customer is obliged to check the products upon delivery. The customer is obliged to check for:
If the quantities of products are correct
If the products match quality and usability requirements for normal usage.
14.3 Complaints are to be send to Bunker501 via mail or e-mail as soon as possible after the delivery.
14.4 The customer is obliged to allow Bunker501 to validate the complaints. When Bunker501 is to validate complaints, this does not ensure Bunker501 aknowledges any damage or malfunction to a product.
14.5 To validate a complaint, Bunker501 may request a customer to ship back the product to Bunker501, at the cost of Bunker501.
14.6 When a customer shows that the product is subject to valid complaints at the time of delivery, Bunker501 will replace the product or refund the price of the product at the time of the agreement. Liability of Bunker501 is at all times restricted to Article 19.
14.7 Complaints do not extend the customer’s obligation to pay.
14.8 Products that do not match regular colours, quality, form, weight etc. including damages to products that are subject to improper usage by the customer do not qualify for complaints.
Article 15. Customer service and complaints
15.1 Questions and/or complaints about the delivery can be sent to the customerservice of Bunker501. The customerservice of Bunker501 can be reached via:
The e-mailadress email@example.com
Phone +31 (0) 541 299 073
15.2 When possible, questions asked via phone are answered immediately. When no answer can be given at the time, the customer will be notified when he can expect to receive an answer.
15.3 Questions and/or complaints asked via e-mail which can not be answered immediately, the customer receives acknowledgement of the question and/or complaints and will be notified when to expect an answer.
15.4 Complaints will be settled by Bunker501, when possible, within 30 days.
Article 16. Payment
16.1 Customers can easily pay for the full invoice before the delivery. This is possible via Ideal or banktransfer. It is also possible to pay 50% upfront of the delivery and 50% at the time of the delivery via cash with the courier.
16.2 Companies are to pay the full invoice of the delivery upfront, unless otherwise stated in the agreement.
16.3 Bunker501 can under no circumstances be held liable for any damages done to the customer when a product is not delivered when the customer did not fulfill his obligation to pay.
16.4 Payment needs to happen within the given payment period.
16.5 When the payment happens after the given payment period, the customer is obliged to pay commercial interest, according to article 6:119a BW, of Dutch law. When the customer is a consumer, the customer is obliged to pay for interest, according to Article 6:119 BW, of Dutch law, from the moment the customer has exceeded the payment period. All costs of recovery, both by law and outside of law, are to be payed for by the customer. When the customer is a company, the interest outside of law are set at 15% of the invoice, with a minimum of €100,-. When the customer is a consumer the interest outside of law is set at 15% of the total invoice for the first €2.500,-, 10% of the invoice for the next €2.500,- and 5% of the invoice for the next €5.000,- with a minimum of €40,-.
16.6 In case of liquidation, bankruptcy, seizure or suspension of payment of the customer, claims are immediately to be paid to Bunker501.
16.7 Payment by the customer first needs to fulfill all interests before fulfillment of the payment linked to recovery costs. Not until after these payments have been fulfilled, the customer needs to fulfill the payment for the remainder of the invoice.
Article 17. Property Preservation for customer as business
17.1 All delivered and shipped products remain property of Bunker501, until all invoices to the customer are paid for.
17.2 For as long as the products are not property of the customer, the customer may not:
Pawn the products;
Grant any rights to third parties;
Sell the products on outside normal business operations.
17.3 The customer is obliged to store products, which are delivered under property preservation, with necessary care. The customer is obliged to do what is reasonably expected to preserve property of Bunker501.
17.4 When the customer fails to meet his obligations to Bunker501 either partially or entirely, during the case of termination of the agreement, from any case, Bunker501 is allowed to recall all products under property preservation, without prior notice or juridical intervention, also doesn’t abolish Bunker501’s full right to reclaim damages.
17.5 If Bunker501 wishes to exercise its rights, as defined in this article, then the customer is obliged to give Bunker501 access to all locations where products of Bunker501 are stored.
17.6 In case of confiscation, receivership or bankruptcy the customer will immediately notify Bunker501 and inform the bailiff, receiver or curator of the property and rights of Bunker501.
17.7 The provisions mentioned in this article leave other rights to Bunker501 unimpeded.
Article 18. Suspension and termination
18.1 Bunker501 reserves the right to immediately suspend the agreement when Bunker501 becomes aware that, given good ground, given circumstances may lead to the customer not being able to fulfill its obligations.
18.2 Bunker501 is entitled to terminate the agreement if the customer does not or not fully fulfill his obligations under the agreement and when the customer has not responded to a notice sent. When fulfillment becomes permanently impossible, a notice may be omitted.
18.3 Furthermore, Bunker501 is entitled to terminate an agreement if circumstances arise of such nature that fulfilment of the contract becomes impossible or to the standards of reasonableness and fairness can no longer be expected, or if other circumstances arise of such nature that unaltered maintenance of the agreement can not be reasonably expected.
18.4 Bunker501 is entitled to terminate the agreement, when the customer requests receivership or when receivership is granted to the customer, in case of declared bankruptcy or a request is filed for bankruptcy, when the customer is unable to meet its debts, ringing termination or liquidation of its business, is placed under guardianship, or if an administrator is appointed.
18.5 When Bunker501 proceeds to suspend or terminate an agreement, Bunker501 can in no way be found liable for damages and costs incurred in any way.
18.6 If the agreement is terminated or when Bunker501 suspends the agreement, products delivered to the customer at the time of termination or suspension will be billed to the customer, Bunker501 can in no way be found liable for damages and costs in any way. Damages also include loss of sales.
Article 19. Liability and limitation
19.1 Information and services contained on the website, may contain technical inaccuracies and/or typographical errors. Bunekr501 is not liable for such inaccuracies and/or errors.
19.2 Bunker501 can never guarantee that that the data is correct on the website. Bunker501 will make every effort to ensure the accuracy of this data is as consistent as possible. Influences from outside by, for example, hackers is always possible and could lead to distorted information. Bunker501 is not liable for such distorted information.
19.3 Bunker501 can not be obliged to pay compensation for any damage which is a direct or indirect result of:
An event which is in fact beyond its control and therefore can not be attributed to Bunker501, such as described in article 20 of these Terms and Conditions.
Any act or omission of the client, his subordinates or other persons who are employed by or on behalf of the customer.
19.4 Bunker501 is not liable for any damages, of any nature, because false or incomplete information was handed to Bunker501 by the customer.
19.5 Colours that appear on the screen of the customer may appear different than the colours the actual product has. Bunker501 is not liable for such deviations in colour.
19.6 Bunker501 is not liable for any damage due to misuse or improper use of the delivered product. Bunker501 is not liable for any damages suffered by the customer, because the customer not correctly stores, processes, packages, transports, assembles or installs the product.
19.7 Bunker501 is not liable for damage to or loss of data due to transmission of the data by means of telecommunications facilities.
19.8. In no event Bunker501 is liable for damages arising from or caused by the customer who uses the delivered product for a purpose other than for which it is intended.
19.9. Bunker501 is never obliged to pay damages due to consequential damages. As a result, damage is in any case: lost sales, lost profits, lost savings, production loss, loss of profits, business interruption, stagnation damage, delay damages, reputational damage, environmental damage, fines imposed by the government or indirect damage, regardless of their origin.
19.10. If Bunker501 is liable for any loss or damages, liability for Bunker501 is limited to the amount paid out by the insurer of Bunker501. If the insurer does not pay out or if the damage is not covered by insurance, the liability of Bunker501 is limited to the amount paid by the customer for the product to which the liability relates.
19.11. The customer indemnifies Bunker501 for claims by third parties against Bunker501 set in respect of the events, acts or omissions for which Bunker501 is not liable under the foregoing. The customer is obliged to first indemnify Bunker501 of all costs, damages and interests which could arise for Bunker501 as a direct or indirect consequence of a third action brought against it as referred to in this paragraph.
19.12. Rights of action and other powers of the customer from whatever account towards Bunker501 lapse in any event after the expiration of one year from the moment when an event occurs that the customer can use those rights and/or responsibilities towards Bunker501, with the proviso that the customer being a consumer a limitation period of two years is present.
9.13. If the customer does not, not timely or not properly fulfill its contractual obligations or its obligations that comply under law or commits an illegal act against Bunker501, the client must compensate all damages Bunker501 suffers or has suffered.
Article 20. Force Majeure
20.1 Bunker501 is not obliged to fulfill any obligation if it is prevented from doing so by force majeure. Force majeure includes in any case: weather conditions; theft; fire; floods; landslides; terrorism; impediments by third parties, including those of governments; obstructions in transport; strikes; riots, wars or war threats; loss of or damage to goods during the transport thereof; failure or delayed delivery of goods to Bunker501 by its suppliers; import and export restrictions; malfunctions and accidents in the company of Bunker501; the burning of means of transport from Bunker501, its supplier or its transports, faults occurring during those transports, the involvement in accidents thereof; measures of any domestic, foreign or international government.
20.2 Force Majeure also includes shortcoming of suppliers of Bunker501.
20.3 In case of force majeure, Bunker501 will not be obliged to pay compensation for any damage as a direct or indirect result and will also be released from its obligation to deliver. It depends on the circumstances of the case if the suspension of delivery will be entirely or partially. When the possibility arises to fulfil the delivery either changed or not, both Bunker501 and the customer are able to use this option.
20.4 If the force majeure situation has lasted longer than two months, both parties have the right to terminate the agreement by written declaration. Products delivered to the customer until the event of force majeure will be charged to the customer.
Article 21. Secrecy
21.1 Both parties are obliged to disclose any confidential information obtained in the course of their agreement from each other or from another source. Information is considered confidential if the other party stated it is confidential or if this follows from the nature of the information provided. The party receiving the confidential information shall only use it for the purpose for which it was provided.
21.2 If held under a statutory provision or of a court order Bunker501 is to supply confidential information to the law or by the court appointed third parties, and if Bunker501 will be unable to invoke a legal or recognized or authorized by the competent court right to refuse, then Bunker501 can not be held liable for damages or compensation and the customer is not entitled to termination of the contract on the ground of any damage as a result.
21.3 Bunker501 processes personal data in accordance with the Data Protection Act.
Article 22. Intellectual Property Rights
22.1 The customers has to respect all intellectual property rights which reside on the products delivered by Bunker501.
22.2 Without the prior written or electronic consent of Bunker501 the customer should not copy, transmit, distribute, reproduce or publish any information, text, logos, trademarks, trade names and images found on the website.
Article 23. Governing Law and Jurisdiction
23.1 Any agreement between Bunker501 and the client is governed by Dutch law. The applicability of the CISG is excluded.
23.2 All disputes related to agreements between the client and Bunker501 are to be submitted to the competent court in the district in which Bunker501 is located. The customer being a consumer has the right to, within one month after Bunker501 its writing has invoked this article, opt for the legally competent court.
“You have the right to cancel your order until 14 days after delivery without giving any reason. After cancellation you have 14 days to send your product back. You will then be credited with the total amount, including shipping. Only the costs for the return of your home to the shop for your own expense. If you use your right of withdrawal, return the product with all accessories and – if reasonably possible – in its original condition and packaging to the entrepreneur. To exercise this right, please contact us via firstname.lastname@example.org. We will then refund your order within 14 days after registration of your return if the product has been returned in good order. “